State v. Salsman

A trial court needs to conduct an OEC 403 evidence balancing test that fulfills the requirements of State v. Mayfield, 302 Or 631 (1987).

Defendant appealed judgment of conviction for three counts of first-degree sodomy and three counts of first-degree sexual abuse. Defendant assigned error to the trial court’s ruling which allowed the admissibility of certain evidence over Defendant’s OEC 403 objection without creating the record required by State v. Mayfield, 302 Or 631, 733 P2d 438 (1987). On appeal, Defendant argued that the trial court erred in overruling his OEC 403 objections without creating the record that required under Mayfield. Mayfield requires that the court create a "developed record of its analysis" to support its “proper exercise of discretion.” In response, the state argued that Defendant did not preserve this argument because the specific point was not raised at the trial court. A trial court needs to conduct an OEC 403 evidence balancing test that fulfills the requirements of State v. Mayfield, 302 Or 631 (1987). The Court of Appeals held that failure to meet the OEC 403 balancing test requires a limited remand because the evidence not admitted during the trial might have affected the jury’s verdict. Reversed and remanded.